Bombay High CourtCAF/3273/2016admittedallwdgrantedrule absolute

Dy. Chief Engineer (Nirman), Ajni Madhya Railway v. Wamanrao S/O Krishnarao Suple (Dead Thr. Lrs) Venubai Wamanrao Supale And Others

2016-10-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3273.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3273 OF 2016 IN FIRST APPEAL NO.503 OF 2016 (DY. CHIEF ENGINEER(NIRMAN) AJNI MADHYA RAILWAY...VS.. WAMANRAO KSIRHNARAO SUPLE (THR. LRS) & OTH.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anoop Parihar, Advocate for Appellant.

Shri C.R. Najbile, Advocate for Respondent Nos.1(a) to 1(f). Shri M.A.Kadu, A.G.P. for Respondent No.3.

CORAM : Z.A.HAQ, J.

DATED : OCTOBER 15, 2016.

The learned advocates for the respective parties submit that in connected First Appeal No. 3161/2014 this Court has permitted the claimant to withdraw 50% amount on furnishing undertaking and to withdraw balance 50% amount on furnishing solvent surety / security. Considering the above order and the facts of the present case, the respondent Nos.1a to 1f and 2/ claimants are permitted to withdraw 50% amount on furnishing solvent surety/ security to the satisfaction of the learned Registrar (Judicial) of this Court and the remaining 50% amount be given to the respondent Nos.1a to 1f and 2/claimants on furnishing undertaking to the learned Registrar (Judicial) of this Court stating that if it is found that the claimants are not entitled for the amount withdrawn by them, they will redeposit the amount with the Registry of this Court along

2 caf3273.16 with interest as may be determined, within two months. The amount be transmitted in the joint account of the respondent Nos.1a to f and 2/ claimants after the claimants furnish surety/ security and undertaking as above.

The civil application is allowed accordingly. JUDGE RRaut..